American Family Insurance ERISA Litigation

Case Update – January 7, 2020: Following a denial of certiorari by the U.S. Supreme Court on December 9, 2019, Wexler Wallace and co-counsel filed a Petition for Rehearing relating to that denial based on an argument the Court heard after denying the initial petition. We are hopeful that the Court will rule on the Petition for Rehearing, which can be found here, by the end of the month.

Court: United States Court of Appeals for the Sixth Circuit
Jammal, et al. v. American Family Insurance Case No.: 17-4125

Wexler Wallace LLP, along with its co-counsel, Hansen Reynolds Dickinson Crueger, the Law Office of Greg Coleman, and Landskroner Grieco Merriman, is litigating a class action lawsuit filed in the United States District Court for the Northern District of Ohio on behalf of current and former insurance agents who were hired by American Family Insurance to sell the company’s insurance products but were denied benefits under the Employment Retirement Income Security Act (ERISA).

The Complaint alleges that American Family improperly classifies its agents as independent contractors when they are actually employees, reserving the right to exercise complete control over every important aspect of the agent-employees’ businesses. Examples of American Family’s control include, but are not limited to, maintaining ownership over their books of business, requiring them to sell only American Family insurance (excluding even products that American Family does not offer), requiring them to follow American Family’s policies and procedures, and controlling the day-to-day operations of every aspect of the agent-employee’s business, such as business hours, computer and telephone systems, and who the agent-employee can hire and fire.

On March 2, 2016, Judge Donald C. Nugent granted Plaintiffs’ Motion for Class Certification, which will allow Wexler Wallace and its co-counsel to present evidence common to the agent-employees at a trial currently scheduled to begin on January 23, 2017.

If you are a current or former agent of American Family who would like more information about this case, you may contact us by completing the online form or by calling 312-346-2222.

To view a copy of the Complaint, please click here. To view a copy of the Class Certification Order, please click here.